State v. Ficklin

The defendant was tried upon an information which contained two counts. The first count charged him with the crime of sodomy committed upon the person of one John Steham. Count two charged the crime of attempted sodomy on the person of one Harold G. Scull. The defendant pleaded not guilty as to both counts. The case came on for trial before the court and a jury, and at the close of the state’s case the defendant moved for a dismissal of Count two, for the reason that the evidence in support of that count was not sufficient to take the question to the jury. This motion was denied.

Thereafter…